Johannesburg — FRENCH telecoms giant Orange has issued legal threats to Johannesburg public relations firm Orange Ink, demanding that it change its name and accusing it of copyright infringement.

Orange, the cellular operator owned by France Telecom, accuses Orange Ink of unlawful conduct, and insists it stops using the name immediately, undertakes never to use the name Orange again, and abandons its internet address, orangeink.co.za.

The PR firm was advised legal action against it would probably fail in court, but founder Lara Magnus said she could not afford R300000 to fight a global group with deep pockets. Capitulating would cost up to R60000 in rebranding the business.

"We're a small company of 10 people. We don't have that kind of cash sitting around," she said. "It's absolutely ridiculous. I understand them wanting to protect their brand, but we are a PR agency. No one has ever rung me up and asked if we sell cellphones."

The letters of demand were sent by trademarks specialist Adams & Adams for Orange Personal Communications Services of the UK, registered owner of the trademarks Orange and the orange square logo in SA. Orange Ink services infringed those trademark registrations, including in communications, it said, so "confusion or deception is likely".

Orange operates in African countries including Botswana, Kenya and Mali. Its website does not list an office in SA, but it apparently opened one in Johannesburg a few weeks ago.

Adams & Adams said similar action was being taken against other companies in SA. Johannesburg's phone book lists 14 firms under orange, but Orange-Tree and Purple Orange Marketing did not get threatening letters.

Adams & Adams said Orange was spending "hundreds of millions of rands a year" to promote its business in SA. Orange Ink disputes that, asking for proof.

Trademark attorneys Galgut & Galgut, for the PR firm, said it had used the name since 2003, and registered it in 2005. The period for objecting to registration under the Companies Act was long past. Orange was a common word used in 99 registered trademarks.